Major changes announced to Qld Security of Payment Legislation

The Queensland Government yesterday released a two page fact sheet outlining a number of fundamental changes to the Building and Construction Industry Payments Act 2004. In contrast to the recent changes to the equivalent NSW Act, the pendulum has swung significantly towards respondents in Queensland with the proposed changes creating a more equitable forum for adjudicating large construction payment claims. It is expected that these changes will be well received by the construction industry that saw $1.14 billion in claims submitted in Queensland in the previous 12 months.¹

In summary, the key changes are:

• The creation of a central "Adjudication Registry" within the Queensland Building and Construction Commission to register and appoint adjudicators, to ensure adjudicators act impartially and independently of their own interests or the interests of a particular sector within the industry